SB90INTRODUCED
Page 0
SB90
2QBQKIS-1
By Senators Sessions, Singleton
RFD: Agriculture, Conservation, and Forestry
First Read: 13-Feb-24
1
2
3
4
5 2QBQKIS-1 02/12/2024 ZAK (L)cr 2024-629
Page 1
First Read: 13-Feb-24
SYNOPSIS:
Under existing law, food service establishments
are not required to provide the country of origin of
certain food products they provide to consumers.
This bill would require food service
establishments to notify consumers of the country of
origin of seafood products they offer for sale or
advertise.
This bill would require food service
establishments to use the correct common name of
seafood products they offer for sale or advertise.
This bill would require food service
establishments to notify consumers as to whether fish
or shrimp offered for sale or advertised are
farm-raised or wild.
This bill would further provide for the State
Department of Public Health to impose civil penalties
on food service establishments for the failure to
comply with these requirements.
A BILL
TO BE ENTITLED
AN ACT
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28 SB90 INTRODUCED
Page 2
Relating to seafood products; to amend Sections
22-20A-2, 22-20A-3, 22-20A-4, and 22-20A-8, Code of Alabama
1975, to require food service establishments to notify
consumers of the country of origin of seafood products; to
require food service establishments to identify seafood
products sold or advertised using their correct common name;
to require food service establishments to differentiate
between farmed-raised fish and shrimp and wild fish and
shrimp; and to further provide for the State Department of
Public Health to assess civil penalties for violations.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Sections 22-20A-2, 22-20A-3, 22-20A-4, and
22-20A-8, Code of Alabama 1975, are amended to read as
follows:
"§22-20A-2
For purposes of this article, the following terms shall
have the following meanings , unless the context clearly
requires a different meaning :
(1) BOARD. The State Board of Health as defined in
Section 22-2-3 22-2-1.
(2) DOMESTIC. Any farm-raised fish or wild fish
hatched, raised, harvested, or processed within the United
States or a territory of the United States.
(2) COUNTRY OF ORIGIN. The country in which an animal,
from which a covered commodity is derived, is born, raised, or
slaughtered. If the animal is born, raised, or slaughtered in
different countries, the term includes each country.
(3) COVERED COMMODITY.
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56 SB90 INTRODUCED
Page 3
(3) COVERED COMMODITY.
a. Includes all of the following:
1. Farmed-raised fish.
2. Wild fish.
b. The term does not include an item described in this
subdivision if the item is an ingredient in processed food.
(4) DEPARTMENT. The Alabama Department of Public
Health.
(3)(5) FARM-RAISED FISH. Includes farm-raised
shellfish and fillets, steaks, nuggets, and any other flesh
from a farm-raised fish or shellfish and includes any product
of which farm-raised fish is an ingredient .
(4)(6) FOOD SERVICE ESTABLISHMENT. Any place, vehicle,
or vessel where food for individual portion service is
prepared, stored, held, transported, served, or dispensed to
consumers and which is regulated by the department. and
includes The term includes any such place regardless of
whether consumption the food sold is intended for on-premises
or off-premises and which is regulated by the Alabama
Department of Public Health consumption. Hospitals, as defined
in Section 22-21-20, shall be excluded from the requirements
of this article.
(5) IMPORTED. Any farm-raised fish or wild fish that
was hatched, raised, harvested, or processed outside the
United States or a territory of the United States.
(6)(7) SHELLFISH. Includes crab, lobster, oyster,
shrimp, crayfish, clam, and scallops in the wild and any
farm-raised shellfish and includes any product of which
shellfish is an ingredient .
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84 SB90 INTRODUCED
Page 4
shellfish is an ingredient .
(7)(8) STATE HEALTH OFFICER. The State Health Officer
as defined in Section 22-2-8, or his or her designated
representative.
(8)(9) VERIFIED COMPLAINT. An allegation of
noncompliance with the provisions of this article that can be
attributed to the complainant and which is signed and verified
by the complainant.
(9)(10) WILD FISH. Naturally born or hatchery-raised
fish and shellfish harvested in the wild. The term includes a
fillet, steak, nugget, fillets, steaks, nuggets, and any other
flesh from wild fish or shellfish and also includes any
product of which wild fish is an ingredient . Net-penThe term
does not include net-pen aquacultural or other farm-raised
fish are excluded from the definition or shellfish."
"§22-20A-3
(a) Any person individual or entity who supplies
farm-raised fish or wild fish a covered commodity to a food
service establishment shall provide information of the country
of origin of the product covered commodity to the food service
establishment as required by federal law . The State Health
Officer, upon verified complaint and in compliance with all
applicable state and federal law, shall investigate any and
all reports of noncompliance with this subsection. Upon
receipt of the verified complaint, a copy of the complaint
shall be given to the food service establishment.
(b) If farm-raised fish or wild fish is supplied to a
food service establishment and the fish or fish product is not
required to be labeled with the country of origin pursuant to
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
103
104
105
106
107
108
109
110
111
112 SB90 INTRODUCED
Page 5
required to be labeled with the country of origin pursuant to
the requirements of federal law, the supplier of the fish or
fish product or the food service establishment shall not be
required to provide any additional information to comply with
this article.
(c) A food service establishment serving farm-raised
fish or wild fish shall place a disclaimer or notice on the
menu or on a placard not smaller than 8 and one half inches by
11 inches in close proximity to the food establishment permit,
in a conspicuous place specifically stating the following:
"Under Alabama law, the consumer has the right to know, upon
request to the food service establishment, the country of
origin of farm-raised fish or wild fish." The disclaimer or
notice listed on a menu shall be listed in print as large as
the listing of the product.
(d) For purposes of this section, the United States is
the country of origin for farm-raised fish hatched, raised,
harvested, and processed in the United States and wild fish
that were harvested in waters of the United States, a
territory of the United States, or a state and processed in
the United States, a territory of the United States, or a
state, including the waters thereof.
(b) A food service establishment selling a covered
commodity to consumers for primarily off-premises consumption
shall provide the country of origin of the covered commodity
to consumers by means of a label, stamp, mark, placard, or
other visible sign on the package, display, holding unit, or
bin containing the covered commodity at the final point of
sale. The country of origin shall be provided using the same
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128
129
130
131
132
133
134
135
136
137
138
139
140 SB90 INTRODUCED
Page 6
sale. The country of origin shall be provided using the same
size font as the covered commodity is listed, but not using
letters measuring less than one-half inch.
(c) A food service establishment selling a covered
commodity to consumers for primarily on-premises consumption
shall provide the country of origin of the covered commodity
to consumers by either of the following methods:
(1) A disclaimer or notice located on the menu in the
same location as and in the same size font, but not using
letters measuring less than one-half inch in size, as the
listed covered commodity.
(2) A placard posted on a wall in a conspicuous
location that is in plain view of all patrons and is not
smaller than eight and one-half inches by 11 inches, but not
using letters measuring less than one inch in size.
(d) An advertisement of a covered commodity by a food
service establishment shall state the covered commodity's
country of origin in the same location and in the same size
font, but not using letters measuring less than one-half inch
in size, as the advertised covered commodity.
(e) A food service establishment selling or advertising
a covered commodity shall identify the covered commodity using
its common name as defined by rule of the department. If no
common name is defined by rule of the department, the common
name is the acceptable market name or common name as provided
in the United States Food and Drug Administration's
publication "The Seafood list--FDA Guide to Acceptable Market
Names for Seafood Sold in Interstate Commerce," as the
publication existed on October 1, 2024.
141
142
143
144
145
146
147
148
149
150
151
152
153
154
155
156
157
158
159
160
161
162
163
164
165
166
167
168 SB90 INTRODUCED
Page 7
publication existed on October 1, 2024.
(f)(1) A food service establishment selling or
advertising farm-raised fish or wild fish shall differentiate
between farm-raised fish and wild fish by stating such in the
same manner as is required for providing the country of origin
of the farm-raised fish or wild fish pursuant to this section.
(2) The terms "farmed-raised fish" and "wild fish" as
used in this subsection mean fish and shrimp only. The term
does not include crab, lobster, oyster, crayfish, clam, and
scallops.
(g) The State Health Officer, upon verified complaint
and in compliance with all applicable state and federal laws,
shall investigate any and all reports of noncompliance with
this section. Upon receipt of the verified complaint, a copy
of the complaint shall be given to the retail food
establishment or food service establishment. "
"§22-20A-4
Any covered commodity with the United States as its
country of origin may have labeling requirements as to
farm-raised fish and wild fish offered for direct retail sale
for human consumption by a food service establishment may
comply with this article by stating the country of origin in
lieu of the disclaimer or notice; except, that the appropriate
state name, or USA, or United States of America, including a
trade name or trademark, may be inserted listed in lieu
thereof to accommodate similar products produced in any of the
states or a territory of the United States of America."
"§22-20A-8
(a) Any food service establishment violating that
169
170
171
172
173
174
175
176
177
178
179
180
181
182
183
184
185
186
187
188
189
190
191
192
193
194
195
196 SB90 INTRODUCED
Page 8
(a) Any food service establishment violating that
violates this article or the rules promulgated adopted
thereunder, after notice and a hearing, shall be subject to
civil penalties. The State Health Officer shall impose these
penalties on a graduated scale in accordance with the
following schedule for all violations within a 24-month
period:
(1) First For a first offense -, a Written written
warning.
(2) Second For a second offense -, a fine of One one
hundred dollars ($100).
(3) Third For a third offense -, a fine of Two two
hundred fifty dollars ($250).
(4) Fourth For a fourth offense -, a fine of Five five
hundred dollars ($500).
(5) Fifth For a fifth and any subsequent offense -, a
fine of One one thousand dollars ($1,000).
(b) Any food service establishment which that
unknowingly violates this article due to a good faith reliance
upon the establishment's supplier's attestation of the covered
commodity's country of origin shall be held harmless against
penalties from failure to disclose country of origin of any
product which was mislabeled by the wholesaler or distributor
a violation of this article .
(c) A food service establishment may appeal any penalty
assessed pursuant to this section in accordance with the
Alabama Administrative Procedure Act. Judicial review of a
final action of the department shall be pursuant to Section
41-22-20.
197
198
199
200
201
202
203
204
205
206
207
208
209
210
211
212
213
214
215
216
217
218
219
220
221
222
223
224 SB90 INTRODUCED
Page 9
41-22-20.
(d) All fines and other monies collected pursuant to
this section shall be distributed to the department and used
to implement, enforce, and administer this article.
(e) The State Health Officer, Attorney General, or an
appropriate district attorney may file an action to collect
any unpaid penalty levied pursuant to this section in a court
of competent jurisdiction. The defendant establishment shall
be liable for all costs associated with the collection of any
unpaid penalty."
Section 2. This act shall become effective on October
1, 2024.
225
226
227
228
229
230
231
232
233
234
235